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29. The Role of Environmental Regulation in the Outdoor Industry with Jeff Baierlein

Writer's picture: Meg CarneyMeg Carney


In episode 29 of the Outdoor Minimalist Podcast, we are talking about regulation in the outdoor industry and what that looks like.


Now, this is a topic that has always interested me but I didn’t know a ton about. It could arguably be the 8th R of Outdoor Minimalism (and maybe I will add it one day), but because regulation plays such a big role in environmental policy and how we play outside, it was very fitting topic for the show. Since it is something I am far from an expert in, I had the pleasure of chatting with Jeff Bairlein.


Jeff Baierlein is the Director of Viristar, an organization that provides training and consulting services to outdoor, travel, experiential, and adventure programs around the world. Viristar specializes in wilderness risk management and outdoor safety training and audits, nonprofit management consulting, wilderness medicine, and environmental education program and curriculum design. Jeff has a background in environmental advocacy, outdoor-focused lobbying at the state and federal level, and analysis of regulatory and management systems for effectiveness.


Viristar


Episode Resources

Association for Experiential Education: https://www.aee.org/

Association of Outdoor Recreation and Education: https://www.aore.org/

How to Save A Planet podcast episode “Is Your Carbon Footprint BS:” https://gimletmedia.com/shows/howtosaveaplanet/llh8gxg/is-your-carbon-footprint-bs



 

This transcript was edited to remove some filler words and phrases and is not verbatim according to what is spoken in the audio recording.



Meg: So, thank you so much, Jeff, for joining me on the podcast today. I am excited and really interested to learn more about the role of regulation in the outdoor industry and how that fits into outdoor minimalism in general.


But before we get to all of that, could you just tell me more about your experience in the outdoor industry—how it fits into your life and what you like to do outside?


Jeff: Sure! Well, I’m glad to be with you here today, Meg. I do love being outdoors, and I make a point to get out in nature every day. I’ve been an outdoors person my whole life—camping and backpacking as a kid with my family in Northern New England, working at a natural history summer camp run by the Massachusetts Audubon Society, and leading overnight canoeing and backpacking trips in New Hampshire as a teenager.


After I graduated college with a degree in Environmental Education, I worked for wilderness expedition non-profits for some 15 years, leading mountaineering, sailing, flatwater and whitewater canoeing, canyoneering, whitewater kayaking, backpacking, climbing, and caving trips.


I got a master’s degree in business management and moved into running outdoor education programs, and now I do consulting and training for them. So, I’m at a desk a lot these days, but I still get out and go on long runs in the woods near my home here in Seattle, which is absolutely wonderful and fulfilling.


Meg: Yeah, that’s awesome! That’s an extensive background, and I feel like it really makes sense with what you’re working on today in your career. That’s one of the reasons why I was excited that we could connect—to get that different perspective on policies and regulation in the outdoor industry. So, what makes you interested in talking about the role of regulation in outdoor recreation?


Jeff: Sure. Well, regulation can be a very powerful mechanism for supporting environmentally sustainable behavior across a large group of people in a short amount of time. This is particularly true with compulsory government regulation.


Making outdoor recreation truly environmentally sustainable requires action at all levels. Reducing one’s personal consumption and environmental impact in outdoor recreation, as you talk about in your book Outdoor Minimalist, is one important part of the solution. “Think globally, act locally,” as you say. Those positive steps can be greatly amplified by well-designed and appropriately enforced regulations—they can help us think globally and act globally too.


In your inaugural podcast episode, you quoted Anne-Marie Bonneau, saying, “We don’t need a handful of people doing zero waste perfectly. We need millions of people doing it imperfectly.” Regulation can help us get there.


Meg: How does regulation affect the environmental impact that people have when they’re enjoying time outside?


Jeff: That’s a great question, Meg. Suppose you want to know if a product—anything from a sleeping bag to a banana—is produced in an environmentally sound way, or for that matter, in a way that supports equity and social justice. But you’re confused by various marketing claims and worry about greenwashing—a topic you covered in episode 11.



Regulations that set standards for environmentally friendly or socially responsible business practices and truth in advertising can help you cut through the marketing messages and see what’s really going on. Similarly, in episode 3 on identifying sustainable products, you talked about how it’s confusing when one tries to identify product sustainability throughout the life cycle of an item. Regulatory standards around product manufacture, repair, and disposal can address this.


Or perhaps you want to fly to an amazing national park for an outdoor adventure trip, but you’re concerned about the carbon footprint of your flight and the effectiveness of the carbon offsets the airline is trying to sell you. You, individually, can’t compel the development of carbon-neutral air travel, but regulation can drive the development of battery and other alternative technologies that can truly decarbonize the air travel sector—just as it’s in the process of doing with the auto industry.


Meg: Yeah, that is a really big topic—regulation in general. So, let’s back up for a moment. What do you mean by the word "regulation"?


Jeff: There are three main types of regulation: self-regulation, third-party regulation, and government regulation.


Self-regulation includes examples like an outdoor recreation group agreeing to carpool to the trailhead or put-in location, or following Leave No Trace principles. It could also include a small outdoor gear manufacturing company agreeing to follow supply chain transparency best practices.


Third-party regulation is when an organization agrees to conform to the standards of another entity, often a non-profit or industry association, and undergoes a conformance verification process by that standards body. An example would be a summer camp in the U.S. being accredited by the American Camp Association, or a parks and recreation agency being awarded accreditation by the National Recreation and Park Association’s Commission for Accreditation of Park and Recreation Agencies (CAPRA).


In the third episode of your podcast, where you talked with Mary Swanson of Lava Linens about how to identify sustainable product materials, she mentioned her company’s engagement with B Corp, Climate Neutral, and Bluesign certifications, as well as the Masters of Linen mark. These are also examples of third-party regulation. Third-party regulation is generally voluntary, meaning that an organization typically isn’t required to be accredited or certified in order to do business.


Government regulation and law, on the other hand, are directives where compliance is compulsory, with civil or criminal penalties for non-compliance. This can come from the legislature, executive orders, regulations issued by government agencies, or judicial case law. I should note that although there are differences between legislative acts and executive branch regulations, I’m treating them as functionally synonymous here since they are both government directives that must be followed.


All three types of regulation have an important role to play in outdoor minimalism and environmental sustainability. However, my focus here is on compulsory government regulation, as that can be enormously powerful in supporting environmental sustainability in outdoor recreation.


Meg: Yeah, thank you. That was a great definition, and it really helped break it down for me. But can you give some examples of government regulation that can support the goals of outdoor minimalism in general?


Jeff: Sure. At the federal level, the Great American Outdoors Act of 2020 invests billions in outdoor recreation and funds more equitable access to the outdoors.


There are also local success stories. For example, here in Washington State in the Northwestern U.S., in 2019, after decades of effort, local outdoor enthusiasts successfully advocated for the creation—by an act of Congress—of the Mountains to Sound Greenway National Heritage Area. While it’s not as robust as an official wilderness area designation, it supports environmental protection and outdoor recreation over the area’s 1.5 million acres, including 1,600 miles of trails traversing wild rivers, forests, and mountains.


There are also other national legislative and regulatory packages that may be enacted in the near future. The Biden-Harris administration’s Build Back Better plan is being re-envisioned to potentially have a standalone piece focused on public lands access and protection. Other parts of the Build Back Better plan, if implemented, could do things like help decarbonize the transportation sector—so your drive to the trailhead or put-in is fossil fuel-free.


This is already happening in Europe, where the EU has proposed a ban on the sale of new gas-powered cars starting 13 years from now. Similarly, in the U.S., California has implemented this by executive order, and New York has passed a law that only zero-emission vehicles will be sold starting in 2035.


If your goal is to implement minimalism in all your outdoor pursuits, a wonderful way to do that is to minimize the environmental impact of your travel to outdoor spaces by using petroleum-free transportation.


The 30 by 30 Conservation Plan, also known as Conserving and Restoring America the Beautiful, seeks to conserve 30% of the nation’s land and waters. This includes creating parks, increasing recreation access, focusing on underserved and nature-deprived communities, protecting biodiversity, and addressing the global climate crisis.



There are also a handful of other items working their way through the U.S. Senate, including the Outdoors for All Act, the Environmental Justice and Recreation Permitting Act, and the Outdoor Recreation Act. Listeners may also be able to identify local and regional regulations or other governmental actions that help establish, protect, and restore outdoor recreation spaces in their community.


Meg: So, you already mentioned a few of these, but what are examples of third-party regulation, like certification or accreditation schemes, that companies can be a part of to foster environmental sustainability in outdoor recreation?


Jeff: Outdoor experiential adventure organizations can pursue accreditation through the Association for Experiential Education (AEE). AEE’s standards require accredited programs to follow principles for minimizing environmental impacts when conducting activities and to encourage program staff to foster participant awareness of environmental issues and ask relevant questions about environmental problems.


Summer camps or year-round camps in the U.S. can follow accreditation standards of the American Camp Association (ACA). This requires accredited camps to provide structured activities that develop awareness and appreciation for the natural environment, build responsibility for it, and minimize the camp’s impact.


I also mentioned the NRPA’s CAPRA Accreditation process. This requires accredited park and recreation agencies in the U.S. to have an environmental sustainability policy, procedures to ensure environmental stewardship, and a recycling or zero-waste plan.


In New Zealand, Education Outdoors New Zealand and Recreation Aotearoa have published good practice guidelines that recommend following Leave No Trace principles.

In India, the state of Kerala has issued camping guidelines for adventure tourism, which include detailed minimum-impact camping recommendations. Similarly, in August of last year, the state of Maharashtra issued outdoor adventure guidelines that include Leave No Trace practices as well as locally applicable standards.


Outdoor recreation organizations in India can also follow the Eco Code of Conduct published by the Adventure Tour Operators Association of India, which specifies Leave No Trace policies, the use of renewable energy resources, and minimizing one’s carbon footprint.


The Adventure Travel Trade Association’s International Adventure Travel Guide Qualification and Performance Standard requires adventure travel guides to be trained on how to minimize impacts on biodiversity, ecosystems, and climate. It also emphasizes educating participants on sustainable travel best practices and taking action against illegal wildlife and cultural artifact trade.


In Iceland, the Icelandic Tourist Board, or Ferðamálastofa, offers the VAKINN Quality and Environmental Certification for outdoor tourism operators, which includes environmental sustainability criteria. Several other countries, such as Costa Rica, have similar standards for outdoor recreation operators.


Meg: Wow, that’s really interesting. I don’t know a ton about the certifications and regulations in other countries, so it’s really positive to hear about all of those different motivations and movements that are happening around the world.


But what’s an example of when regulation can build on efforts an individual is making to be mindful about minimizing their personal environmental impact—for example, by purchasing only what they need?


Jeff: In Episode 2 of your podcast, where you talked about three of your 7Rs—reduce, refuse, and rethink—you brought up the powerful forces driving unnecessary consumption through the relentless marketing of products produced by companies driven to sell merchandise in a capitalistic market economy. It’s hard for individuals to resist these persistent and sophisticated marketing messages.


Regulation can help. For example, good regulation could ensure that environmentally sound practices are employed throughout the entire supply chain or that the carbon cost of manufacturing and distribution is included in the retail price rather than socialized. Too often, those costs are borne by the world’s most underprivileged people, who will be disproportionately affected by the global climate emergency.


So, even if an individual succumbs to the impulse to snap up that great new outdoor product they see on Instagram, good regulation can reduce the environmental impact of that purchase.


Meg:Yeah, people can be enthusiastic about reducing plastic packaging or following Leave No Trace principles. These are things that individuals can do to make a difference right away.


Regulation, though, can appear really distant, abstract, or difficult to influence—or even boring—to even the most environmentally committed outdoors people. So, when it comes to regulation, what are simple ways people can be involved and make a difference?


Jeff: Thanks for asking that question, Meg. Taking individual action to influence regulation can be easy and even fun, and it can make a real difference. It’s a great opportunity for people who are looking for next steps beyond minimizing their own individual environmental impact and who want to be a force for good at a regional, national, or global scale.


First, make sure you’re registered to vote—and vote. You can also donate to political campaigns, organizations, and political leaders who support your environmental sustainability values. Additionally, you can donate to advocacy organizations like Earthjustice, which has been really effective in supporting good environmental regulation and legislation across the USA.


Or, you could give money to a local advocacy organization active in your community, or one working in a specific area important to you, like marine conservation or wildlife protection. Money really counts, so your donation can have a big impact.


And if you have more time than funds, you can volunteer or work for an industry association supporting sound regulation or an environmental advocacy organization.


Meg: Podcast listeners may have heard in my conversation with an environmental conservation lobbyist about how effective it can be to call and write your legislators to advocate for legislation you believe in.



Jeff: That’s exactly right, and it doesn’t take long to find the contact information for your political representatives, give them a call, and follow up with a brief letter. I think it’s useful to take some steps that feel right for you, but not to get overwhelmed by trying to do it all.


I’m reminded of what the environmental activist Ed Abbey said: “It’s not enough to fight for the land; it’s even more important to enjoy it. Explore the forests, climb the mountains, run the rivers.” So, you can write a check to the Sierra Club, then go out and take a hike—and let your cares drop off like autumn leaves.


Meg: Yeah, I do think that balance is really important. Sometimes it can feel really overwhelming to pursue those types of avenues. So I like what you're saying about the different organizations because there are so many great environmental advocacy organizations that make it really easy to participate in advocacy without it becoming so overwhelming.


But what about small outdoor businesses? How can they interact with regulation in a way that supports environmentally sustainable outdoor recreation?


Jeff: Small and startup businesses are really constrained by resource limitations, but there are still simple things they can do. Businesses can support organizations that advocate for common-sense regulatory support for environmentally sustainable outdoor recreation. In the USA, for example, there’s the Outdoor Alliance, a coalition of national advocacy organizations focused on outdoor recreation, and the Association of Outdoor Recreation and Education (AORE).


On the other hand, businesses can avoid joining, contributing to, or indirectly supporting special interest groups that have a deregulatory or anti-environmental agenda. For example, last year, a coalition of environmental groups called on companies to quit the U.S. Chamber of Commerce until that group ceases pro-fossil fuel lobbying. Patagonia has also spoken out about the powerful special interest group American Legislative Exchange Council (ALEC), which is funded in part by corporate contributions and has fought against environmental regulation.


Additionally, businesses can practice good self-regulation in their own operations—like material sourcing, minimizing carbon-intensive transportation, and the like. They can also participate in third-party regulatory regimes, such as B Corp certification or associations specific to their industry, whether that’s textiles or adventure tourism. These organizations provide guidance and audits to help small businesses act in an environmentally and socially responsible manner.


Meg: Okay, so what are some of the challenges facing regulation's role in outdoor recreation?


Jeff: Here in the USA, we have a relatively anti-regulatory culture. The influence of large corporations is very strong, and government is comparatively weak. This is really different from places like New Zealand, where the government plays a strong role in creating regulations that support all people, rather than prioritizing the rich and powerful. This applies to many aspects of life, ranging from environmental protection to gun violence, bereavement leave, tobacco use, and more.


Some observers note a decline in the sense of civic duty that American corporations once held—for example, paying a living wage to support a robust middle class. In many cases, this has been replaced by a focus on pursuing maximum profit above all else. These corporations wage a relentless battle to weaken or dismantle regulations of all kinds, as well as the government institutions that uphold them.


Additionally, people’s general reluctance to share, compromise, consider the well-being of others, and defer short-term gain in favor of long-term benefit works against a society where we mutually agree to be regulated for the benefit of all.


Finally, good regulation is really difficult to get right. It’s hard to craft regulatory guidance that strikes the right balance and to update it on an ongoing basis to reflect changing circumstances. And regulation is only as effective as its enforcement regime. Even excellent regulation is of little use without a robust enforcement mechanism in place.


Meg: Yeah, those are all really good points, and I think it’s really easy to get stuck on that. I know I noticed more of that push against regulation from individuals during COVID. So it is really interesting to think about all the negatives, but what makes you optimistic about environmentally sustainable outdoor recreation practices?


Jeff: I’ve been involved professionally in outdoor recreation, environmental education, and advocacy for 35 years, and I’ve never seen this level of awareness, interest, and passion that we have today for doing the critical things we need to do for environmental sustainability and social justice.


For example, decarbonizing the global economy and focusing on issues of equity and inclusion in outdoor programs. In episode two of your podcast, where we talked about “Reduce, Refuse, Rethink,” you mentioned How to Save a Planet’s episode called “Is Your Carbon Footprint BS?” which identified large-scale action as essential to decarbonizing the economy. Regulation is critical to this goal, and the world is taking action in really important ways.



National governments and regulatory bodies of all sizes are working to create well-developed regulatory and legislative structures. These help people from all walks of life access beautiful outdoor spaces, participate in healthy exercise, enjoy exhilarating adventures, and refresh their spirit.


Government bodies across the globe are increasingly recognizing the immense economic, social, ecological, and public health benefits of outdoor spaces and outdoor recreation. They’re creating regulations, funding streams, and institutions to maximize those positive outcomes.


Meanwhile, individuals and businesses are coming up with creative new ways to support responsible outdoor recreation and all the benefits it brings. They’re contributing time, talent, and money to causes and organizations that are making a difference.


There’s urgent work to be done to protect the natural environment and foster equitable access to nature. But I’m really pleased to see so many people—like you, Meg, and I’m sure many of your listeners—taking effective action to build a world where environmentally sustainable outdoor recreation opportunities are accessible to all.


Meg: Yeah, I think that’s all very true. I mean, I’ve definitely noticed more of an uptick in involvement. It seems like people are more engaged, and I always wonder if I’m just noticing it more because I’m integrating myself into it more, or if it’s actually increasing.


But it was really interesting to hear about all the different types of regulation that are possible and that are positive. I know there was a lot of information in this episode, so all of the organizations that Jeff mentioned—I’ll include links to those in the show notes. If you’re driving or something and can’t look at it now, you can go back later and maybe find a couple that resonate with you in your area.


But with that, how can people learn more about your journey and stay in contact with you?


Jeff: Sure! People can go to the website verastar.org and learn more about the work I do through that organization, supporting quality and sustainable outdoor recreation and outdoor education. They can also be in touch with me through that website and the organization.


Meg: Awesome!


Yeah, I'll include those links as well, but before you go, I'm also just interested in what you do with your organization. Can you talk a little bit about your main focus with that?


Jeff: Sure. The organization really sprang from my decades of work in outdoor education, adventure education, and outdoor recreation, along with similar types of activities. I started getting asked for advice—initially by friends of mine—about safety, quality, and curriculum design.


They’d say, “Hey, could you come take a look at my organization and give me some guidance?” or, “Could you even come and do a workshop? I'll invite other people from the community. All you have to do is show up and talk, and we’ll take it from there.”


That kind of snowballed. I was doing this on the side in addition to my day job, but it grew and grew until it became too much to juggle both. Eventually, I quit my day job, incorporated VeraStar, and focused on it full-time.


Now, I have a really wonderful team of folks from all around the world. We provide consulting, training, and guidance to outdoor recreation, outdoor education, wilderness adventure education, and similar programs. Our goal is to help them run the highest-quality, most equitable, best-managed-for-risk, and most successful outdoor programs possible.


Meg: Awesome! I love that. I feel like a lot of times that's how we end up in these positions—people start asking us questions, and then it just kind of happens. That's wonderful, and I’m really happy that you're out there helping people in the outdoor industry manage risk in that way. I’m also extra grateful that you had time to come and share your knowledge and expertise on the show.


Jeff: It’s my pleasure to be with you, Meg.




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